Chapter-6 Consumers Protection Council

Chapter-6 Consumers Protection Council

  1. Formation of Consumers Protection Council: (1) There shall be formed a Consumer Protection Council in order to make policy on the matters of protecting and implementing the rights of consumers and performing other functions under this Act.

                        (2)        The Council referred to in sub-section (1) shall consist of the following Chairperson and Members:

                              (a)      Minister for Industry, Commerce and Supplies – Chairperson

(b)      Secretary, Ministry of Industry, Commerce

and Supplies                                                           -Member

(c)      Secretary, Ministry of Agriculture and

Livestock Development                                       -Member

(d)      Secretary, Ministry of Land Management,

Cooperative and Poverty Alleviation                  -Member

(e)      Secretary, Ministry of Finance                            -Member

(f)       Secretary, Ministry of Home Affairs                   -Member

(g)      Secretary, Ministry of Law, Justice and

Parliamentary Affairs                                           -Member

(h)      Secretary, Ministry of Health and Population    -Member

(i)       Chairperson, Federation of Nepalese Chambers

of Commerce and Industry                                  -Member

(j)       Chairperson, Nepal Chamber of Commerce      -Member

(k)      Chairperson, Confederation of Nepal Industries -Member

(l)       Chairperson, Federation of Nepal National

Industries and Entrepreneurs                               -Member

(m)     Two persons including one woman

nominated by the Ministry from among

the persons having experience of at least

five years in the body or institution related

to the rights and welfare of the consumers        -Member

(n)      Director General, the Department              -Member-Secretary

                        (3)        The term of the Members nominated pursuant to clause (m) of sub-section (2) shall be of two years, and they may be nominated again for another term.

                        (4)        Notwithstanding anything contained in sub-section (3), the Ministry may remove such a Member from the post at any time if any act is done contrary to the rights and interests of the consumers or act is done in such a way that it becomes contrary to the functions, duties and powers of the Council.

                        (5)        Before removing from the post pursuant to sub-section (4), he or she shall have to be given a reasonable opportunity to submit clarification.

                        (6)        The Chairperson and Members of the Council shall be entitled to the meeting allowance facility as prescribed by the Government of Nepal.

  1. Meeting of Council: (1) The meeting of the Council shall be convened at the date, time and place fixed by the Chairperson.

                        (2)        The meeting of the Council shall be convened at least twice a year, and the interval between the two meetings shall not be more than six months.

                        (3)        If more than fifty percent members of the total members of the Council are present, it shall be deemed to constitute a quorum for the meeting of the Council.

                        (4)        The Chairperson of the Council shall preside over the meeting, and in his or her absence, the Member selected from among the Members shall preside over the meeting.

                        (5)        Experts and scientists of different sectors, communities may be invited to the meeting as necessary.

                        (6)        The decision of the Council shall be authenticated by the Member-Secretary of the Council.

                        (7)        Other procedures relating to the meeting of the Council shall be as determined by the Council itself.

                        (8)        The Department shall perform the functions as the Secretariat of the Council.

  1. Functions, duties and powers of the Council: The functions, duties and powers of the Council shall be as follows:

 (a)       to submit to the Government of Nepal by determining policies on the matters regarding the protection and enforcement of the rights of the consumers, supply system and the determination of price and quality of goods and services,

 (b)       to provide necessary recommendation to the Government of Nepal regarding the amendment, improvement in the existing policies or new policies which are to be made regarding the protection of the rights of consumers,

  (c)       to disseminate and cause to be disseminated information relating to the rights and welfare of the consumers to get the consumers informed regarding the goods and services,

 (d)       to inform or get the consumers informed regarding the price, quality, quantity, purity and unfair trade activities of the goods or services,

 (e)       to make necessary policy arrangements for including the consumer education in the curriculum from secondary level up to the university level,

(f)        to draft necessary policies to cooperate with national and international organizations or institutions related to the rights of consumers,

  (g)        to give directive to the Provincial Government or Local Level to protect and promote the rights of the consumers as necessary,

 (h)        to perform such other functions as prescribed.